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LANDS CLAUSES CONSOLIDATION ACT 1845 - SECT 73

All sums payable under contract with persons not absolutely entitled, to be paid into Bank, or to trustees.

73. All sums of money exceeding twenty pounds which may be payable by
the promoters of the undertaking in respect of the taking, using, or
interfering with any lands under a contract or agreement with any person who
shall not be entitled to dispose of such lands, or of the interest therein
contracted to be sold by him, absolutely for his own benefit, shall be paid
[into the Supreme Court] or to trustees in manner aforesaid; and it shall not
be lawful for any contracting party not entitled as aforesaid to retain to his
own use any portion of the sums so agreed or contracted to be paid for or in
respect of the taking, using, or interfering with any such lands, or in lieu
of bridges, tunnels or other accommodation works, or for assenting to or not
opposing the passing of the bill authorizing the taking of such lands, but all
such monies shall be deemed to have been contracted to be paid for and on
account of the several parties interested in such lands, as well in possession
as in remainder, reversion, or expectancy: Provided always, that it shall be
in the discretion of the Court of Chancery, or the said trustees, as the case
may be, to allot to any tenant for life, or for any other partial or qualified
estate, for his own use, a portion of the sum so paid [into the
Supreme Court], or to such trustees as aforesaid, as compensation for any
injury, inconvenience, or annoyance which he may be considered to sustain,
independently of the actual value of the lands to be taken, and of the damage
occasioned to the lands held therewith, by reason of the taking of such lands
and the making of the works.

© 1845 Crown Copyright

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